COA Mission Statement · 2019-03-29 · COA Mission Statement: To provide a cohesive united voice...
Transcript of COA Mission Statement · 2019-03-29 · COA Mission Statement: To provide a cohesive united voice...
COA Mission Statement:
To provide a cohesive united voice to represent condominium
owners across the province to all levels of Government. To
Support the development of its members, fostering a
prosperous and sustainable economic environment while
contributing to the quality of life in their Condo Community.
Condo Owners “NEED” an Association
to represent them as a collective body
Why Support the Condo Owners Association
COA
Condo Owners
Association
is a
Registered
Non-Profit
Association
The Condo Act, 1998 needs to be changed
Condo Owners need protection on their home and investment
➢The Condo Act has not been updated in years
➢There are over 1.25 Million Condo Owners
➢New Construction all over the Province
➢Condo population growing with limited protection
Condo Owners Must Support
CONDO ACT REFORM !
The Condo Act is the Provincial legislation that regulates the legal
framework on how a Condominium is structured and operated.
Your Condo Declaration (it’s given to you at the time of purchase) defines
all aspects of your building including the structure of how it needs to operate
in accordance with the Condo Act, there is also ByLaws and Rules and
Regulations. Remember your Condo is regulated including the way your
Board of Directors are suppose to run the operations of the Corporations in
accordance with the Condo Act in order to ensure that the interest of the
Condominium Corporation operate with governance and accountability to the
Condo Act. The guidelines are specific so if your Board is not in compliance
to the Condo Act, Condo Owners need to speak up!!
The Condo Act is the responsibility of the Ministry of Government and
Consumer Services under the Provincial Government. Every Condo owner
owns 100% of their unit and also a share of the building (ie if there is 310
units – it is 1/310) Each condo unit has 1 vote at the Annual General
Meeting of the Corporation when Board elections takes place and decisions
are made. Condo Owners need to go to their AGM and protect
themselves to ensure that operations are in their best interest!!
What is the Condo Act?
Condo Owners must Learn Important Roles and Terminology
◼ Board of Directors
◼ Property Management
◼ Turnover Meetings
◼ Annual General Meeting
◼ Importance of Proxies
◼ Operating Budget Reserve Funds
◼ Reserve Fund Study
◼ Energy Audits
◼ Performance Audit
How much do you really know?
Is your Unit and Building maintaining Value ?
Understanding a Condo Owners position
➢You are a Member of a Condominium Corporation
➢The Provincial Corporations Act does not apply to the Condo Corporation
➢Condo Corporations must comply to the Condo Act, 1998
➢Your Condo Corporation is registered ie. TSCC 5555 is your identity
➢TSCC stands for Toronto Standard Condominium Corporation
➢This name changes depending in what Region your Condo is located
➢ALL OWNERS have RIGHTS in their Condo Corporation
➢Each unit has one (1) Vote
➢If you own two (2) units you then have two (2) Votes
➢Your Property Manager works for the Management Firm your Board has
chosen by Majority Vote. The Management contract is generally one of
the most expensive service paid through your Operating Budget .
Your Property Manager implements the decisions of your Board of
Directors, they do not makes decisions for the Condo Corporation
Condo Owners Rights ?
➢Condo Owners is a unit owner in a Condo
➢Condo Corporation includes all Unit Owners
➢You are a Member of a Corporation
➢Therefore you have (1) Unit per Unit
➢Condominiums are non profit Associations
➢Condominium Act 1998 relates to Condominiums
➢Corporations Act does not apply to the Condo Corporation
➢Condo Corporations are registered ie. TSCC 5555
➢Each name depends on the City Location
➢TSCC stands for Toronto Standard Condominium Corporation
➢ALL OWNERS have RIGHTS in their Condo Corporation
Basics Info for Condo Owners
Status Certificate & Related Documents confirms:
1) The Financial position – Income and Expense
2) The Declaration – Condo Document
3) The Certificate of Building Insurance
Standard ProcedureThe Property Management prepares all Status Certificates and a Member
of your Board of Directors signatures approval.
Your Status Certificate is your Ticket to your investment.
Law Suits, Liens, Limited Reserve Fund etc - as listed on your status
certificate will affect your building in a negative manner
Condominium
Status Certificates & Financial Documents
Why would a Condo Owner sue their own Condo Corporation
Possible Reasons for Law Suits
➢ The building is mismanaged and falling apart
➢ The financial affairs of the building are compromised
➢ There are major deficiencies against the Builder
➢ANY OTHER REASONS are not important and should have never gone
to the degree of a law sui
➢Condo Owners must be aware of Owners with ulterior motives who use
their Condo Corporations for their own self driven interest
➢DON’T GET PULLED INTO A MESSY SITUATION IN YOUR CONDO
Reasonable Condo Corporation Law Suits
Property Management
When you move into your condo
◼ Contact Property Management to register yourself as a New Owner or Tenant
◼ You must provide all of the paperwork as mandated by the Condo Corporation
◼ You must get your Fob/Electronic cards registered and activated for entry
◼ Some Fob/Electronic cards restrict elevator access only to your floor
◼ Book your Elevator and provide a Deposit
◼ REMEMBER – the deposit covers any damage you may do to the elevator during your move and if the damage is more than the deposit – YOU are responsible to pay
◼ REMEMBER – Any damage you do to any part of the common elements of the building during a move is also your responsibility to repair or replace at your cost
◼ Depending on the building – you may receive a Welcome Kit explaining the Condo
What about your Condo Board of Directors?
Does your Board of Directors have the knowledge and experience to represent your Condominium ?
Key Considerations:
◼ How does the Board of Directors operate
◼ Do they respect the guidelines of the Condo Act
◼ Are they aware or have any knowledge about the Condo Act
◼ Have they been given any courses as a Director relating to good governance and specific knowledge towards the Operations of the Building
◼ Do they solely depend on the advice of Property Management
◼ Are they familiar with the contracts in the building
◼ Do they ensure complete transparency on their operations
Is your Board of Directors
complying to the Condo Act 1998
Your Condo documents must be in Accordance with the
Condo Act! COA supports a “standardized Condo Document
known as a Declaration” to protect Condo Owners
Condo Documents
By-Laws of the Condo Corporation
Rules and Regulations
Condominiums Standard
Operating Budget
This Breakdown identifies associated expenses and Condo Buildings major expenses includes:
1) Service Contracts - Property Management
- Security Service- Cleaning Contract
2) Utilities- Gas
- Hydro
- Water
3) Reserve Fund Contributions
4) Repairs & Maintenance
(a) The person is eighteen years of age or over
(a) The person does not have undischarged bankrupt
(b) A person is of sane mind
Board of Directors cannot Violate the Condo Act
Board of Directors cannot make changes to their By-
Laws to limit only Owners Living in the Building can
be on the Board of Directors.
Condo Act - Qualifications for
Condo Board of Directors Positions
❖ Problems during an Election Process needs changes on Condo Act
❖ No restrictions on resume content
❖ Limited restrictions relating to proxies
❖ Limited restrictions proxy delivered by Third Party
❖ No enforcement for witnesses on proxy
❖ Unauthorized persons may be planted in the AGM to cause friction
❖ Changes to proxies & fraudulent behaviour to maneuver votes
❖ Changes to proxies & fraudulent behaviour for entrance to AGM
❖Complaints COA has received from Owners:
❖ Board of Directors manipulate Proxies
❖ Owners manipulate Proxies received from other Owners
❖ Door-to-Door Canvassing allows potential of spreading lies for votes
❖ Interference from Property Management relating to Proxies
❖ No confidence that election is pre-determined by proxies
❖ Corporate companies having control of proxies – needs limits
❖ Conflicts of Interest if Property Management holding proxies
Manipulating Proxies and Owners
Annual General Meeting (AGM)
Your Board of Directors would join If they:
> care about your Condo building
> understand the importance of COA
> realize they cannot make Government changes alone
> understand the huge benefits of COA
> identify the benefits of changing the Condo Act
> need environment solutions for our buildings
> need a food waste recycling program
> need government initiatives to finance energy retrofits
Condo Board of Directors need to show their owners
they “Care about our Condominiums”
We all need better protection for Condo Owners
Why is COA important to an honest Board?
➢ Property Management and Security Contracts
➢ Cleaning, Maintenance and Repair Service Contracts
➢ Heating and Air Conditioning systems contracts
➢ Plumbing and Electrical Systems
➢ Roof and Foundation, Basement
➢ Insulation, Framing and Windows
➢ All other services required in your condo
The Condo Act needs this change: Board of Directors must be mandated
to distribute monthly reports of the Corporation to all Owners.
➢ Condos Corporations require more accountability on Service Contracts
➢ Contracts should only be sourced through professional procurement
companies without Property Managements involvement.
➢ Sealed Quotes to be delivered “Confidential to the Board of Directors”
CONDO OWNERS need the opportunity to review their Corporation
expenses and contracts during the year more often
What about your Condo Building
How is your Service or Building Contracts secured?
Purchaser do not enlist the services of a Building Inspector when they
purchase a Condominium Apartment. It is more common in
Townhomes and Industrial and Commercial units. If the any has its
own Gas and Hydro system or other mechanicals, it is advisable to
have these systems inspected by a qualified professional.
A Building Inspections include the following:
➢ Heating and air conditioning systems
➢ Plumbing and Electrical Systems
➢ Roof and Foundation, Basement
➢ Insulation, framing and windows
Offers to Purchase are Conditional upon the Property being inspected by a
qualified Home Inspectors within a 3-4 business day period following
acceptance of the Offer.
Condo Buyers Inspections
Residential, Commercial and Industrial
◼ More Consumer Protection
◼ Licensing of Property Management Firms
◼ Licensing of Property Managers
◼ Enforceable Governance mandates for Boards
◼ Fines for Board of Directors in non compliance
◼ Board of Directors education mandate
◼ Solicitor to be appointed by the Owners
◼ Solicitor transparent Tendering Process for Owners
◼ Auditor transparent Tendering Process for Owners
◼ Better rules on Reserve Funds
◼ More Transparency on Financials
Condominium Act
Condo Owners need changes
The Condo Act, 1998 needs to be changed
Condo Owners need protection on their home and investment
➢The Condo Act has not been updated in years
➢There are over 1.25 Million Condo Owners
➢New Construction all over the Province
➢Condo population growing with limited protection
Condo Owners Must Support
CONDO ACT REFORM !
What Can Condo Owners Do?
Work with COA
Contact the Minister for Consumer Services
(416) 327-8300 [email protected]
Tell Minister Best the Condo Act needs updating
CONDO CORPORATIONS
Board of Directors Critical Necessity
◼ 1) Must adhere to Condo Act
◼ 2) Fines for Non-Compliance to Act
◼ 3) Good Governance & Transparency
◼ 4) Codes of Ethics / Standard of Care
◼ 5) Directors have Directors Liability Insurance
◼ 6) Directors Liability Insurance is available through
◼ the Condo Corporation Insurance Company
❖ Problems during an Election Process
❖ No restrictions on Condo Act relating to resume content
❖ Limited restrictions on Condo Act relating to proxies must be changed
❖ No restrictions on Condo Act for proxy to be delivered to Third Party
❖ No allowances for witnesses on proxy must be change in Condo Act
❖What does happen:
❖ Board of Directors can manipulate Proxies and Owners
❖ Owners can manipulate Proxies and other Owners
❖ Door-to-Door Canvassing allows for potential abuse
❖Condo Corporation needs protection
Proxies – Board - Owners
Condo Board of Directors
Should Board of Directors have Condo knowledge, experience
and/or attend courses to represent your Condominium?
Key Considerations:
◼ How does your Board of Directors operate?
◼ Do they respect the guidelines of the Condo Act?
◼ How much knowledge do they have on the Condo Act?
◼ Have they received Director courses re: condominiums?
◼ How do you know they have good governance?
◼ Do you feel the Property Manager is in charge?
◼ Is the Board transparent – is there an Open Door Policy?
◼ Do you feel protected and comfortable?
◼ Do you feel your maintenance fees are too high?
◼ Are you aware of the value of the contracts or your
Reserve Fund?
Property Managementand Board of Directors responsiblities
Property Management firm assigns a Property Manager to the Condo Building
◼ Condo Board of Directors approves the Property Manager
◼ Property Manager reports to the Board and their Property Management Firm
◼ Condo Board of Directors makes all decisions (majority vote)
◼ Property Manager implements decisions of the Board
◼ Property Management contact is one of the
most expensive contracts in a Condo Operating Budget
The COA supports change to the Condo Act
“An independent Procurement Company must provide quotes for the
Condo Services and Contracts of the Condo Corporation
Key Considerations for Value
◼ THE BOARD MAKES ALL DECISIONS Sustainable Unit Value
Maintenance Fee 10 – 14% of Value
Strong Reserve Fund
Board of Director Compliance to the Condominium Act
Builders and Developers “Maintain Ownership”
Corporation has Lease agreements for:
➢Terminal – communications Room
➢Underground Parking
➢Heating, HVAC systems – mechanical etc.
➢Insulation, framing and windows
➢Balcony and some areas within your Condo
Don’t get caught with Surprises and Added Costs
Condo Owners - Warning
Watch your Documents
Status Certificates & Financial Documents
➢Prepared by the Property Management Firm
➢Should be signed by the Board of Directors
➢Outlines Financials Documents of the Corporation
➢Outlines information on a particular unit
➢Outlines changes/concerns in the Building
➢Confirms Building insurance etc for the Corporation
➢Includes a copy for the Corporations Declaration
COA Mission Statement:
To represent and provide leadership to Condominium Owners
with a united voice advocating and fostering quality lifestyle,
prosperous and sustainable Condo Ownership
Condo Owners “NEED” an Association
to represent them as a collective body
Condo Owners Association
* A New “Condo Act” that works
* Accountability for Board of Directors
* Condos that are built to last
* Licensing of Property Managers
* Licensing of Property Management Firms
* Sustainable Future for our Buildings
* Independent Procurement Company to manage
process for Condo contracts and services
* Low Maintenance Fees & High Reserve Funds
* Government incentive for a food waste program
* Government incentive for energy retrofits
* Over 1,500,000 million Condo Owners Protected
Important changes needed
for Condo Corporations
Condo Maintenance Fees and Reserve
Fund spending needs to be monitored
very closely.
High maintenance fees influences a
negative market value in condominiums.
Low Reserve Funds do the same.
Provincial Taxes are based on Assessed
Value. If the value decreases, property
taxes are less.
The result is lower Tax dollars however
also lower Property Values
Please review this report below
Condo Values & Taxes Report
2002 Value & Taxes
vs
2012 Value & Taxes
◼ 24 Southport St
◼ W01
November 2012
Price: $229,000
Style: 1 Bedrooms
Mntce Fee: $649.77
Taxes: $1,265.298
November 2002
Price: $159,900
Style: 1 Bedrooms
Mntce Fee: $440.00
Taxes: $1,763.84
◼ 2000 Bloor St Toronto
◼ W02
November 2012
Price: $199,900
Style: 1 Bedrooms
Mntce Fee: $433.31
Taxes: in mntce fee
November 2002
Price: $133,000
Style: 1 Bedrooms
Mntce Fee: $378.79
Taxes: in mntce fee
Co-op Apt – Taxes included in maintenance fee
◼ 70 High Street Toronto
◼ W02
November 2012
Price: $
Style: 1 Bedrooms
Mntce Fee: $
Taxes: not avail
November 2002
Price: $158,000
Style: 0 Bedrooms-Studio
Mntce Fee: $228.00
Taxes: $0 New Building
New Daniel Project in 2002
◼ 250 Scarlett Rd Toronto
◼ W03
November 2012
Price: $219,000
Style: 1 Bedrooms
Mntce Fee: $534.08
Taxes: $1,395.87
November 2002
Price: $165,100
Style: 1 Bedrooms
Mntce Fee: $308.18
Taxes: $1,346.65
◼ 10 Martha Eaton Way
◼ Toronto W04
November 2012
Price: $129,000
Style: 2 Bedrooms
Mntce Fee: $593.68
Taxes: $1,007.01
November 2002
Price: $123,000
Style: 2 Bedrooms
Mntce Fee: $474.07
Taxes: $1,052
◼ 4673 Jane St Toronto
◼ W05
November 2012
Price: $44,900
Style: 2 Bedrooms
Mntce Fee: $610.85
Taxes: $749.00
November 2002
Price: $67,000
Style: 2 Bedrooms
Mntce Fee: $426.39
Taxes: $850.00
◼ 785 Browns Line Toronto
◼ W06 (Co Op)
November 2012
Price: $134,900
Style: 1 Bedrooms
Mntce Fee: $432.01
Taxes: included in
Mntce Fee
November 2002
Price: $103,500
Style: 1 Bedrooms
Mntce Fee: $403.00
Taxes: included in
Mntce Fee
◼ 185 Stephen Dr Toronto
◼ W07 - Co-Op
November 2012
Price: $189,000
Style: 2 Bedrooms
Mntce Fee: $698.00
Taxes: in Mtnce Fee
November 2004
Price: $143,000
Style: 2 Bedrooms
Mntce Fee: $481.00
Taxes: in Mntce Fee
◼ 714 The West Mall Toronto W08
November 2012
Price: $149,000
Style: 2 Bedrooms
Mntce Fee: $685.65
Taxes: $1,071.97
November 2002
Price: $138,000
Style: 2 Bedrooms
Mntce Fee: $440.00
Taxes: $1,140.00
◼ 320 Dixon Rd. Toronto
◼ W09
November 2012
Price: $75,000
Style: 2 Bedrooms
Mntce Fee: $896.74
Taxes: $570.69
November 2002
Price: $77,000
Style: 2 Bedrooms
Mntce Fee: $349.73
Taxes: $766.00
◼ 40 Panorama Crt Toronto W10 -- note Tax
November 2012
Price: $64,900
Style: 3 Bedrooms
Mntce Fee: $811.45
Taxes: $1,262.00
November 2002
Price: $119,000
Style: 2 Bedrooms
Mntce Fee: $373.72
Taxes: $800.00
◼ 1 King St Toronto
◼ C01 – different style
November 2012
Price: $240.00
Style: 0 Bedrooms
Maintenance Fee: $570.38
Taxes: $5,185.22
◼ 580 Christie St Toronto
◼ C02
November 2012
Price: $269,900
Style: 1 Bedrooms
Maintenance Fee: $630.07
Taxes:
◼ 743 St Clair Toronto
◼ C03
November 2012
Price: $431.900
Style: 1&12 Bedrooms
Maintenance Fee: $526.72
Taxes:
◼ C04
November 2012
Price: $264,900
Style: 2 Bedrooms
Maintenance Fee: $932.85
Taxes: $1,619.52
◼ C05
November 2012
Price: $264,900
Style: 2 Bedrooms
Maintenance Fee: $932.85
Taxes: $1,619.52
◼ 1201 Steeles Ave Toronto
◼ C07
November 2012
Price: $264,900
Style: 2 Bedrooms
Maintenance Fee: $932.85
Taxes: $1,619.52
◼ C08
November 2012
Price: $264,900
Style: 2 Bedrooms
Maintenance Fee: $932.85
Taxes: $1,619.52
◼ 1201 Steeles Ave Toronto
◼ C09
November 2012
Price: $264,900
Style: 2 Bedrooms
Maintenance Fee: $932.85
Taxes: $1,619.52
◼ E0
November 2012
Price: $264,900
Style: 2 Bedrooms
Maintenance Fee: $932.85
Taxes: $1,619.52
COACondo Owners Association
Registered Non-Profit Association
Condo Information
COA websites
www.COAontario.com
www.COAtoronto.com
Thank you BMO Nesbitt Burns
for your Wonderful Support
COA
Presentation by:
Linda Pinizzotto
Founder President CEO
Bob Coffey
Director
Derrick Thomas
IT Director Secretary
Condo Owners Association
Registered Non-Profit Association
COA - Condo Owners Association
Food Waste Blue Bag Giveaways
Compliments of Clorox Canada
Thank you to our Wonderful Sponsors
at many of our Special Events